Native American Cultural And Religious Freedoms

First Published in 2000. The fight to have the American legal system recognize Native American religions has taken many forms, from the confrontation over Indian usage of eagle feathers and the ingestion of peyote in religious ceremonies to the right of students to have traditional Indian hair styles while attending public schools. It was thought that the passage of the American Indian Religious Freedoms Act of 1978 would alleviate these problems, but Supreme Court interpretations have essentially eviscerated this law. In addition to these issues, the articles in this collection address the ongoing conflict between Native Americans and museums and states over who has rights to the skeletal remains and burial objects that have been illegally recovered throughout the U.S.

"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--

For Native Americans, religious freedom has been an elusive goal. From nineteenth-century bans on indigenous ceremonial practices to twenty-first-century legal battles over sacred lands, peyote use, and hunting practices, the U.S. government has often act

Previous edition, 1st, published in 1983.

Religion and Culture in Native America presents an introduction to a diverse array of Indigenous religious and cultural practices in North America, focusing on those issues in which tribal communities themselves are currently invested. These topics include climate change, water rights, the protection of sacred places, the reclaiming of Indigenous foods, health and wellness, social justice, and the safety of Indigenous women and girls. Locating such contemporary challenges within their historical, religious, and cultural contexts illuminates how Native communities' responses to such issues are not simply political, but deeply spiritual, informed by sacred traditions, ethical principles, and profound truths. In collaboration with renowned ethnographer and scholar of Native American religious traditions Inés Talamantez, Suzanne Crawford O'Brien abandons classical categories typically found in religious studies textbooks and challenges essentialist notions of Native American cultures to explore the complexities of Native North American life. Key features of this text include: Consideration of Indigenous religious traditions within their historical, political, and cultural contexts Thematic organization emphasizing the concerns and commitments of contemporary tribal communities Maps and images that help to locate tribal communities and illustrate key themes. Recommendations for further reading and research Written in an engaging narrative style, this book makes an ideal text for undergraduate courses in Native American Religions, Religion and Ecology, Indigenous Religions, and World Religions.

"American Indian communities regard their religious freedoms to be endangered. Despite the First Amendment and an act of Congress that purports to protect Indian religious rights, Native Americans find the practice of their religious traditions to be hindered, often by governmental interference. This book, a collective effort by scholars, lawyers, and American Indian spokespersons has three goals: to identify the specific areas in which Indian religious practices are undermined by federal, state, and local policies as well as by private enterprises; to help non-Indians understand the conceptual bases for American Indian religious beliefs and practices; to suggest practical ways in which to protect the free exercise of Indian religions in the face of other conflicting claims and values. Specifically, Indians find their religious practice endangered in the following ways: the degradation of geographical areas deemed sacred sites; the maltreatment of Indian burials, particularly bodily remains; the prohibition against capture, kill, and use of endangered or protected series; the regulations regarding the collection, transport, and use of peyote; the alienation and display of religious artifacts; the prevention of Indian rituals and behavior (the wearing of braided hair, participation in sweats or pipe ceremonies), particularly in authoritarian institutions. This book is both a manifesto decrying policies that endanger American Indian religious traditions and a manual showing ways in which these traditions might be protected and promoted"--Back cover.

Despite challenges by the federal government to restrict the use of peyote, the Native American Church, which uses the hallucinogenic cactus as a religious sacrament, has become the largest indigenous denomination among American Indians today. The Peyote Road examines the history of the NAC, including its legal struggles to defend the controversial use of peyote. Thomas C. Maroukis has conducted extensive interviews with NAC members and leaders to craft an authoritative account of the church’s history, diverse religious practices, and significant people. His book integrates a narrative history of the Peyote faith with analysis of its religious beliefs and practices—as well as its art and music—and an emphasis on the views of NAC members. Deftly blending oral histories and legal research, Maroukis traces the religion’s history from its Mesoamerican roots to the legal incorporation of the NAC; its expansion to the northern plains, Great Basin, and Southwest; and challenges to Peyotism by state and federal governments, including the Supreme Court decision in Oregon v. Smith. He also introduces readers to the inner workings of the NAC with descriptions of its organizational structure and the Cross Fire and Half Moon services. The Peyote Road updates Omer Stewart’s classic 1987 study of the Peyote religion by taking into consideration recent events and scholarship. In particular, Maroukis discusses not only the church’s current legal issues but also the diminishing Peyote supply and controversies surrounding the definition of membership. Today approximately 300,000 American Indians are members of the Native American Church. The Peyote Road marks a significant case study of First Amendment rights and deepens our understanding of the struggles of NAC members to practice their faith.